Legal Opinion

S & H Packing & Sales Co. v. Tanimura Distributing, Inc.

Court of Appeals for the Ninth Circuit

Decided February 27, 2017No. 14-56059, No. 14-56078PublishedCited by 5 opinions

1Opinion of the Court

Concurrence by Judge MELLOY

*449OPINION

2Per curiam

Appellants are produce growers (“Growers”) who sold their perishable agricultural products on credit to a distributor, Tani-mura Distributing, Inc. (“Tanimura”). Pursuant to the Perishable Agricultural Commodities Act (“PACA”), 7 U.S.C. §§ 499a-499t, this arrangement made Tanimura a trustee over a PACA trust holding the perishable products and any resulting proceeds for the Growers as PACA-trust beneficiaries. Tanimura then sold the products on credit to third parties and transferred its own resulting accounts receivable to Appellee Agricap Financial…

3Cases cited7 opinions

  1. Reaves Brokerage Co. v. Sunbelt Fruit & Vegetable Co.Court of Appeals for the Fifth Circuit · 2003
  2. United States v. Gordon Howard Lucas, Jr.Court of Appeals for the Ninth Circuit · 1992
  3. Nickey Gregory Co., LLC v. AGRICAP, LLCCourt of Appeals for the Fourth Circuit · 2010
  4. Endico Potatoes, Inc. v. Cit Group/Factoring, Inc.Court of Appeals for the Second Circuit · 1995
  5. State of Arizona v. Tohono O'Odham NationCourt of Appeals for the Ninth Circuit · 2016

2 more not listed; retrieve them via the Exa API.

4Cited by5 opinions

  1. S & H Packing & Sales Co. v. Tanimura Distributing, Inc.Court of Appeals for the Ninth Circuit · 2018
  2. Rafael Diaz-Rodriguez v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2021
  3. United States v. Ronald Lamont Seldon, A/K/A Pee WeeCourt of Appeals for the Fourth Circuit · 2007
  4. Amerson v. American National InsuranceCourt of Appeals for the Fifth Circuit · 2004
  5. G.W. Palmer & Co. v. Agricap Financial Corp.Court of Appeals for the Ninth Circuit · 2018

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API